Instructions from all owners
01We establish contributions, intentions and what should happen on sale or separation.
Declarations of trust
Unequal contributions, a parental deposit, or friends buying together. A declaration of trust records what everyone agreed while everyone still agrees.
Typical timescale
1–2 weeks
Fee basis
Fixed fee
Often paired with
Purchase or transfer of equity
Registered
Form A restriction at HM Land Registry
01Declarations of trust
Why the title alone is not enough
The register records who owns the property legally, not in what shares they own it beneficially. Where two people are registered as joint owners, the default assumption on sale can be a straight fifty-fifty split, regardless of who put in the deposit or paid the mortgage.
A declaration of trust sets out the beneficial shares — whether fixed percentages, a return of specific contributions before the balance is divided, or a formula that tracks mortgage payments over time.
02Declarations of trust
What it can cover
Beyond the split, a well-drafted declaration deals with the practical questions that cause arguments: who pays the mortgage and the outgoings, what happens to the cost of improvements, whether one owner can force a sale, whether the other has a right of first refusal, and how a parental contribution is treated — a gift, a loan, or a share.
- Beneficial shares, fixed or formula-based
- Treatment of deposits and family contributions
- Mortgage, outgoings and improvement costs
- Rights to occupy, to force a sale and of first refusal
03Declarations of trust
Joint tenants or tenants in common
Joint tenants own the whole together and the survivor automatically takes everything, which overrides a will. Tenants in common own defined shares which can be left by will. A declaration of trust only works alongside a tenancy in common, and we register the corresponding restriction at HM Land Registry so a future sale cannot ignore it.
STEPSHow the matter runs
Every declarations of trust file follows the same sequence.
Independent advice check
02Where interests conflict we advise on separate representation.
Drafting
03The deed is drafted and circulated for comment.
Execution and registration
04Signed as a deed and the Form A restriction registered at HM Land Registry.
Questions we are asked most
Yes. A properly executed declaration of trust is binding on the co-owners and is the primary evidence of the beneficial shares in any later dispute.
Property law, handled properly.
Need help with declarations of trust?
Send us the basic details and we will come back with a written quotation, the likely timescale and the name of the solicitor who will handle it.